Labour Inspection Convention, 1947 (No. 81) - Chad (Ratification: 1965)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 3(1) and Articles 10, 11, 16 and 24 of the Convention. Labour inspection staff, material means of the labour inspectorate and labour inspections. In its previous comment, the Committee had noted the Government’s indication that the number of inspection staff was insufficient. The Committee notes that the Government states in its report that no vehicles are made available to labour inspectors, and that the economic crisis that began at the end of 2015 has seriously slowed activity in the country. It notes the Government’s statement that the National Development Plan (NDP) currently under way is intended to remedy that situation.The Committee requests the Government to pursue its efforts to ensure that the number of labour inspectors is sufficient to allow enterprises to be inspected as often and as carefully as is necessary to guarantee effective application of the relevant legal provisions. It also requests the Government to provide information on the number of labour inspectors and of inspection visits made over the previous three years. Furthermore, the Committee requests the Government to provide information on all measures adopted or envisaged to make available to labour inspectors the transport facilities necessary for the performance of their duties where suitable public facilities do not exist, in conformity with Article 11(1)(b) of the Convention.

Article 3(2). Duties entrusted to labour inspectors for the settlement of labour disputes. The Committee had previously noted the Government’s indication that the labour inspection services spent more time and resources on conciliation than on the acquittal of their primary duties, and it had requested that the Government ensure that labour inspectors were relieved, in law and practice, of the conciliation duties entrusted to them. The Committee notes that the Government has not replied to its previous request and recalls that the time spent by inspectors on conciliation may be detrimental to the performance of their primary duties, as defined in Article 3(1)of the Convention, particularly in a context where resources are limited. Further, the Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), stating that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour dispute.The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties and to provide information on all progress thereon.

Article 5(a). Effective cooperation between the inspection services and the judiciary. The Committee had previously noted section 485 of the Labour Code, under which labour inspectors are to be kept informed of the judicial follow-up accorded to infringement reports, and had requested the Government to take the necessary measures to give effect in practice to that section.The Committee requests the Government to provide information on the measures adopted or envisaged to promote effective cooperation between the judiciary and the inspection services, with a view to improving the results of the latter, including the measures taken to ensure that the labour inspectorate is notified of the outcome of procedures. The Committee notes the absence of information in that connection and also requests the Government to provide information on the measures taken to apply section 485(3) of the Labour Code in practice.

Article 6. Status of labour inspectors. In its previous comments, the Committee had requested the Government to take the necessary steps to ensure issuance of the decree setting the specific conditions of service of labour inspectors and controllers, as set out in section 471 of the Labour Code. The Committee notes with concern the Government’s reply to the effect that the specific conditions of service of labour inspectors and controllers are still not available.Recalling that Article 6 of the Convention provides that the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, the Committee requests the Government to indicate the measures taken or envisaged in that connection, including the adoption of specific conditions of service for labour inspectors and controllers, as provided in section 471 of the Labour Code, and to send the relevant information to the Committee.

Article 7(3). Appropriate training of labour inspectors. The Committee notes that, in response to its previous request regarding the need for labour inspectors regularly to receive adequate training during their employment for the performance of their duties, the Government indicates that training for inspectors and controllers is needed by the country.Taking note of the Government’s request for technical assistance in training, the Committee firmly hopes that the Office will provide such technical assistance in the very near future. The Committee requests the Government to provide details of the training provided to labour inspectors, including its frequency, the number of participants, and the results obtained.

Articles 19, 20 and 21. Periodical reports and annual reports by the central authority on the work of the labour inspection services. In its previous comment, the Committee noted the Government’s indication that the labour inspection services were required to submit an activity report at the end of each year.The Committee notes that no information has been provided in this connection and requests the Government to pursue its efforts to enter into conformity with Article 20 of the Convention and regularly draw up, publish and submit to the ILO copies of the annual labour inspection reports.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Article 3(1) and Articles 10, 11, 16 and 24 of the Convention. Labour inspection staff, material means of the labour inspectorate and labour inspections. In its previous comment, the Committee had noted the Government’s indication that the number of inspection staff was insufficient. The Committee notes that the Government states in its report that no vehicles are made available to labour inspectors, and that the economic crisis that began at the end of 2015 has seriously slowed activity in the country. It notes the Government’s statement that the National Development Plan (NDP) currently under way is intended to remedy that situation. The Committee requests the Government to pursue its efforts to ensure that the number of labour inspectors is sufficient to allow enterprises to be inspected as often and as carefully as is necessary to guarantee effective application of the relevant legal provisions. It also requests the Government to provide information on the number of labour inspectors and of inspection visits made over the previous three years. Furthermore, the Committee requests the Government to provide information on all measures adopted or envisaged to make available to labour inspectors the transport facilities necessary for the performance of their duties where suitable public facilities do not exist, in conformity with Article 11(1)(b) of the Convention.

Article 3(2). Duties entrusted to labour inspectors for the settlement of labour disputes. The Committee had previously noted the Government’s indication that the labour inspection services spent more time and resources on conciliation than on the acquittal of their primary duties, and it had requested that the Government ensure that labour inspectors were relieved, in law and practice, of the conciliation duties entrusted to them. The Committee notes that the Government has not replied to its previous request and recalls that the time spent by inspectors on conciliation may be detrimental to the performance of their primary duties, as defined in Article 3(1) of the Convention, particularly in a context where resources are limited. Further, the Committee draws the Government’s attention in this regard to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), stating that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour dispute. The Committee requests the Government to indicate the measures taken or envisaged to ensure that, in accordance with Article 3(2) of the Convention, additional functions entrusted to labour inspectors do not interfere with the effective discharge of their primary duties and to provide information on all progress thereon.

Article 5(a). Effective cooperation between the inspection services and the judiciary. The Committee had previously noted section 485 of the Labour Code, under which labour inspectors are to be kept informed of the judicial follow-up accorded to infringement reports, and had requested the Government to take the necessary measures to give effect in practice to that section. The Committee requests the Government to provide information on the measures adopted or envisaged to promote effective cooperation between the judiciary and the inspection services, with a view to improving the results of the latter, including the measures taken to ensure that the labour inspectorate is notified of the outcome of procedures. The Committee notes the absence of information in that connection and also requests the Government to provide information on the measures taken to apply section 485(3) of the Labour Code in practice.

Article 6. Status of labour inspectors. In its previous comments, the Committee had requested the Government to take the necessary steps to ensure issuance of the decree setting the specific conditions of service of labour inspectors and controllers, as set out in section 471 of the Labour Code. The Committee notes with concern the Government’s reply to the effect that the specific conditions of service of labour inspectors and controllers are still not available. Recalling that Article 6 of the Convention provides that the inspection staff shall be composed of public officials whose status and conditions of service are such that they are assured of stability of employment and are independent of changes of government and of improper external influences, the Committee requests the Government to indicate the measures taken or envisaged in that connection, including the adoption of specific conditions of service for labour inspectors and controllers, as provided in section 471 of the Labour Code, and to send the relevant information to the Committee.

Article 7(3). Appropriate training of labour inspectors. The Committee notes that, in response to its previous request regarding the need for labour inspectors regularly to receive adequate training during their employment for the performance of their duties, the Government indicates that training for inspectors and controllers is needed by the country. Taking note of the Government’s request for technical assistance in training, the Committee firmly hopes that the Office will provide such technical assistance in the very near future. The Committee requests the Government to provide details of the training provided to labour inspectors, including its frequency, the number of participants, and the results obtained.

Articles 19, 20 and 21. Periodical reports and annual reports by the central authority on the work of the labour inspection services. In its previous comment, the Committee noted the Government’s indication that the labour inspection services were required to submit an activity report at the end of each year. The Committee notes that no information has been provided in this connection and requests the Government to pursue its efforts to enter into conformity with Article 20 of the Convention and regularly draw up, publish and submit to the ILO copies of the annual labour inspection reports.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

The Committee notes the observations of the Free Confederation of Workers of Chad (CLTT) communicated with the Government’s report.

The Committee notes the information provided by the Government in its report concerning Article 4 of the Convention, according to which both the General Directorate of Labour Administration and the Directorate of Labour serve as the central inspection authority.

Articles 3(1), 10, 11, 16 and 24 of the Convention. Labour inspection staff, material means of the labour inspectorate and labour inspections. In its previous comments, the Committee requested that the Government provide information on the measures taken to strengthen the human and material resources of the labour inspectorate. The Committee notes the CLTT’s indication in its observations that the provisions giving effect to the Convention are only partially applied, particularly because in some enterprises labour inspections are not carried out for years.

The Government indicates that each region has a labour inspectorate, with the exception of the northern regions (Borkou, Ennedi and Tibesti), due to the climate and the almost total absence of enterprises. Inspection activities in these regions are nevertheless carried out by labour inspectorates from the central and eastern parts of the country. In the view of the Government, the number of inspection staff is insufficient. However, the Government indicates that labour inspectors and controllers have offices that are suitably equipped for their needs and accessible to all those concerned. With regard to transport facilities, the Government specifies that the last allocation of two-wheel motor vehicles was in 2009, and that labour inspectors and controllers sometimes have to use their own means of transport to ensure the proper discharge of their duties. The Government adds that inspections are carried out in practice, but that it is not able to provide details on the manner in which they are conducted. It also expresses a willingness to make efforts to provide technical equipment and vehicles for the labour inspection services. The Committee requests the Government to take measures to assess the number of labour inspectors needed, taking into account the criteria established in Article 10, so that workplaces can be inspected as often and as thoroughly as necessary. It also requests the Government to provide information on the number of vehicles available to labour inspectors and their geographical distribution, and on all measures taken or envisaged to ensure a sufficient number of inspectors for the effective discharge of labour inspection duties.

Article 3(2). Duties entrusted to labour inspectors for the settlement of labour disputes. In its previous comments, the Committee requested the Government take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any further duties entrusted to inspectors did not interfere with their primary duties, or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Government indicates that the labour inspection services spend more time and resources on conciliation than on the performance of their primary duties. In this regard, referring to sections 72–74 of its 2006 General Survey on labour inspection, the Committee considers that the time spent on this function may be detrimental to the performance of their primary duties, as defined in Article 3(1) of the Convention, particularly in a context in which resources are limited. It also draws the Government’s attention to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee therefore encourages the Government to take the necessary measures so that labour inspectors are relieved, in law and practice, of the conciliation duties entrusted to them, to ensure that they can devote themselves fully to the discharge of duties such as those set out in Article 3(1) of the Convention.

Article 5(a). Effective cooperation between the inspection services and the judiciary. In its previous comments, the Committee requested the Government to provide information on all steps taken or envisaged to improve cooperation with the judiciary. The Government reiterates that information on judicial decisions in relation to infringements reports does not reach labour inspectors. The Committee requests the Government to take the necessary measures to give effect in practice to section 485 of the Labour Code, under which labour inspectors shall be kept informed of the judicial follow-up of infringement reports.

Article 6. Status of labour inspectors. In its previous comments, the Committee requested the Government to provide a copy of the specific conditions of service of labour inspectors and controllers as soon as they were adopted. The Government indicates that the decree issuing these specific conditions of service, as provided for in section 471 of the Labour Code, has not yet been issued. The Committee requests the Government to take the necessary steps to ensure that the decree issuing the specific conditions of service of labour inspectors and controllers, as set out in section 471 of the Labour Code, is issued and a copy is communicated.

Article 7(3). Appropriate training of labour inspectors. The Committee notes the allegations of the CLTT that, as labour inspectors and controllers do not have the necessary skills, the labour inspectorate is unable to carry out its duties in full. It also notes that the Government reiterates that every year two officials from the labour administration services go to the African Regional Labour Administration Centre (CRADAT) to receive further practical training for labour inspectors, but that further training on site is not provided regularly and that the last course was held in 2008. The Committee recalls that, under the terms of Article 7(3) of the Convention, labour inspectors shall be adequately trained for the performance of their duties. The Committee requests the Government to take the necessary measures to ensure that labour inspectors regularly receive adequate training for the performance of their duties during their employment.

Articles 19, 20 and 21. Periodical reports and annual reports by the central authority on the work of the labour inspection services. The Committee notes that no annual inspection report has been communicated, despite the repeated requests by the Committee in this regard. It also notes the Government’s indication that the labour inspection services have to submit an annual labour inspection report at the end of each year. The Committee requests the Government to introduce the necessary measures to enable the central inspection authority to fulfil its obligation of publishing an annual report that contains all the subjects as required by Article 21, and to ensure that a copy is communicated to the Office within the time limits set out in Article 20 of the Convention. It reminds the Government that it may avail itself of ILO technical assistance in this regard, if necessary.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Free Confederation of Workers of Chad (CLTT) communicated with the Government’s report.

The Committee notes the information provided by the Government in its report concerning Article 4 of the Convention, according to which both the General Directorate of Labour Administration and the Directorate of Labour serve as the central inspection authority.

Articles 3(1), 10, 11, 16 and 24 of the Convention. Labour inspection staff, material means of the labour inspectorate and labour inspections. In its previous comments, the Committee requested that the Government provide information on the measures taken to strengthen the human and material resources of the labour inspectorate. The Committee notes the CLTT’s indication in its observations that the provisions giving effect to the Convention are only partially applied, particularly because in some enterprises labour inspections are not carried out for years.

The Government indicates that each region has a labour inspectorate, with the exception of the northern regions (Borkou, Ennedi and Tibesti), due to the climate and the almost total absence of enterprises. Inspection activities in these regions are nevertheless carried out by labour inspectorates from the central and eastern parts of the country. In the view of the Government, the number of inspection staff is insufficient. However, the Government indicates that labour inspectors and controllers have offices that are suitably equipped for their needs and accessible to all those concerned. With regard to transport facilities, the Government specifies that the last allocation of two-wheel motor vehicles was in 2009, and that labour inspectors and controllers sometimes have to use their own means of transport to ensure the proper discharge of their duties. The Government adds that inspections are carried out in practice, but that it is not able to provide details on the manner in which they are conducted. It also expresses a willingness to make efforts to provide technical equipment and vehicles for the labour inspection services. The Committee requests the Government to take measures to assess the number of labour inspectors needed, taking into account the criteria established in Article 10, so that workplaces can be inspected as often and as thoroughly as necessary. It also requests the Government to provide information on the number of vehicles available to labour inspectors and their geographical distribution, and on all measures taken or envisaged to ensure a sufficient number of inspectors for the effective discharge of labour inspection duties.

Article 3(2). Duties entrusted to labour inspectors for the settlement of labour disputes. In its previous comments, the Committee requested the Government take the necessary measures to ensure that, in accordance with Article 3(2) of the Convention, any further duties entrusted to inspectors did not interfere with their primary duties, or prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Government indicates that the labour inspection services spend more time and resources on conciliation than on the performance of their primary duties. In this regard, referring to sections 72–74 of its 2006 General Survey on labour inspection, the Committee considers that the time spent on this function may be detrimental to the performance of their primary duties, as defined in Article 3(1) of the Convention, particularly in a context in which resources are limited. It also draws the Government’s attention to the guidance provided in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which “the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes”. The Committee therefore encourages the Government to take the necessary measures so that labour inspectors are relieved, in law and practice, of the conciliation duties entrusted to them, to ensure that they can devote themselves fully to the discharge of duties such as those set out in Article 3(1) of the Convention.

Article 5(a). Effective cooperation between the inspection services and the judiciary. In its previous comments, the Committee requested the Government to provide information on all steps taken or envisaged to improve cooperation with the judiciary. The Government reiterates that information on judicial decisions in relation to infringements reports does not reach labour inspectors. The Committee requests the Government to take the necessary measures to give effect in practice to section 485 of the Labour Code, under which labour inspectors shall be kept informed of the judicial follow-up of infringement reports.

Article 6. Status of labour inspectors. In its previous comments, the Committee requested the Government to provide a copy of the specific conditions of service of labour inspectors and controllers as soon as they were adopted. The Government indicates that the decree issuing these specific conditions of service, as provided for in section 471 of the Labour Code, has not yet been issued. The Committee requests the Government to take the necessary steps to ensure that the decree issuing the specific conditions of service of labour inspectors and controllers, as set out in section 471 of the Labour Code, is issued and a copy is communicated.

Article 7(3). Appropriate training of labour inspectors. The Committee notes the allegations of the CLTT that, as labour inspectors and controllers do not have the necessary skills, the labour inspectorate is unable to carry out its duties in full. It also notes that the Government reiterates that every year two officials from the labour administration services go to the African Regional Labour Administration Centre (CRADAT) to receive further practical training for labour inspectors, but that further training on site is not provided regularly and that the last course was held in 2008. The Committee recalls that, under the terms of Article 7(3) of the Convention, labour inspectors shall be adequately trained for the performance of their duties. The Committee requests the Government to take the necessary measures to ensure that labour inspectors regularly receive adequate training for the performance of their duties during their employment.

Articles 19, 20 and 21. Periodical reports and annual reports by the central authority on the work of the labour inspection services. The Committee notes that no annual inspection report has been communicated, despite the repeated requests by the Committee in this regard. It also notes the Government’s indication that the labour inspection services have to submit an annual labour inspection report at the end of each year. The Committee requests the Government to introduce the necessary measures to enable the central inspection authority to fulfil its obligation of publishing an annual report that contains all the subjects as required by Article 21, and to ensure that a copy is communicated to the Office within the time limits set out in Article 20 of the Convention. It reminds the Government that it may avail itself of ILO technical assistance in this regard, if necessary.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 3(2) of the Convention. Additional duties entrusted to labour inspectors. The Government indicates that sections 476(4) and (5) of the Labour Code provide that labour inspectors may submit individual and collective disputes to conciliation and conduct studies and inquiries which are prescribed. The Committee further notes that, according to the information contained in the 2012 annual report of the labour inspectorate of N’Djamena, conciliation occupies 70 per cent of the working time of labour inspectors. Moreover, the 2012 annual report of the regional inspectorate of Mayo Kebbi Ouest indicates that conciliation is the primary task for labour inspectors. The Committee reminds the Government of the primary functions under Article 3(1) of the Convention (enforcement of the legal provisions relating to conditions of work and the protection of workers and advice to employers and workers). It also recalls the guidance contained in Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), to the effect that the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. The Committee asks the Government to indicate the time and resources of inspection services spent on conciliation in relation to their primary duties as defined in Article 3(1) of the Convention. The Committee hopes that the Government will take the necessary steps to ensure that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. It requests the Government to provide information in its next report on any measures taken or contemplated in this regard.

Articles 4, 10 and 11. Decentralization. Human and material resources. Premises and transport facilities. The Committee notes the Government’s statement that the application of the Convention faces difficulties due, in particular, to the insufficient number of labour inspectors and controllers. The Committee further notes that, despite the modernization of the public administration, through the building of infrastructure and improvements to conditions of work reportedly undertaken by the Government over several years, the 2012 annual report of the labour inspectorate of N’Djamena refers not only to the lack of inspection staff but also to the extreme dilapidation of the inspection premises, furniture and sanitary facilities, the insalubrious conditions in which they work and the lack of transport facilities. It also notes that the 2012 annual report of the regional inspectorate of Mayo Kebbi Ouest highlights the inadequacy of the operating budget, the lack of any vehicles, and the lack of office equipment (generator, computer, telephone). The Committee also notes the Government’s statement that a process of decentralization is in progress and each region has a labour inspection service placed under the authority of a chief inspector. The Committee emphasizes the fact that, in a context of chronic inadequacy of human and material resources, it is particularly important that the labour inspection system is organized and functions under the supervision and control of a central authority, so as to enable a distribution of available resources among departments according to identical criteria throughout the country and thereby ensure the same protection for all workers covered. The Committee therefore requests the Government to send information on any measures taken or planned, including, if applicable, recourse to international financial assistance, in order to reinforce the human and material resources of the labour inspectorate, in conformity with Articles 10 and 11 of the Convention. It also requests the Government to ensure the continued existence of a central authority, as required by Article 4.

Furthermore, taking account of the changes that have occurred owing to the decentralization of the labour inspectorate, the Committee requests the Government to send an up-to-date copy of the organizational chart of the labour inspectorate, with the geographical distribution of inspection offices and staff throughout the country.

Article 5(a). Effective cooperation between the inspection services and other institutions. Cooperation with the judiciary. The Government indicates that cooperation exists between the labour inspection services and other government departments, including the Ministerial Department of Justice, but that nevertheless information on judicial action taken as follow-up to infringement reports does not reach labour inspectors. The Committee draws the Government’s attention to its general observation of 2007 relating to the Convention, concerning the importance of ensuring cooperation between labour inspection bodies and the judiciary with a view to enforcing the legal provisions on conditions of work and the protection of workers. The Committee requests the Government to provide information in its next report on any measures taken or contemplated to ensure such cooperation.

Article 6. Status of labour inspectors. The Committee notes the Government’s indication that regulations determining the particular status of labour inspectors and controllers have not yet been adopted. The Committee requests the Government to send the ILO a copy of these regulations, once they have been adopted.

Article 7(3). Adequate training for labour inspectors. The Committee notes the Government’s statement that each year two labour inspection officials attend the African Regional Centre for Labour Administration (CRADAT) for practical further training. Workshops and seminars have also been held for inspectors and the Ministry of Labour draws up training plans for its employees. However, it notes that the obstacles to the application of the Convention referred to by the Government include the lack of further training. The Committee requests the Government to send detailed information on training organized every year within CRADAT for labour inspectors, and also on workshops and seminars held, stating their duration, the subjects covered, their impact on the tasks assigned to labour inspectors, and the number of inspectors who take part. The Government is also requested to provide information on any other measures taken or contemplated to address the lack of further training for labour inspectors.

Articles 9 and 16. Collaboration of duly qualified technical experts and specialists. Thoroughness of inspections. The Committee notes the Government’s indication that labour inspectors do not have support from duly qualified technical experts and specialists during inspections, and it cannot be guaranteed that inspections are conducted with the thoroughness required by Article 16 owing to the lack of specialists accompanying the inspection team. The Committee requests the Government to take the necessary measures to ensure that duly qualified technical experts and specialists are associated in the work of inspection and to send information on this matter in its next report.

Articles 20 and 21. Annual inspection report. Recalling the obligation laid down by Article 20 of the Convention for the central labour inspection authority to publish an annual general report covering the subjects listed in Article 21(a)–(g), the Committee requests the Government to take the necessary measures to ensure the publication of this report and to keep the ILO informed of any obstacles encountered.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Further to its previous comments, the Committee once again notes with concern that the information sent by the Government is the same as that already received in April 2005 and 2006, and that the reports on the work of the inspectorate and the local inspection offices announced time and again in the Government’s reports as being attached have still not been sent. Consequently, while noting that between 2005 and 2009 the number of labour inspectors rose from 15 to 23, the Committee is bound to draw the Government’s attention once again to the commitments it made when it ratified the Convention, and accordingly to urge it to provide the Office with up to date information on the legislative and practical measures taken or envisaged to apply the Convention, and on any difficulties encountered.

Legislation. The Committee once again asks the Government to take steps for the adoption of texts giving effect to the provisions of the Labour Code on the powers and duties of labour inspectors and controllers and for the enactment of the draft decree issuing regulations governing labour inspectors and controllers to which the Government has been referring for many years. Please report any progress made in this regard.

Article 10 of the Convention. Increasing the numbers and qualifications of the labour inspectorate. The Committee requests the Government to specify the context in which the number of labour inspectors was increased and to indicate whether measures have been taken or are envisaged for the training of the staff of the inspectorate, either to update their skills or to give them further training to enable them to perform their duties effectively. Please describe any such measures and indicate their impact in terms of the achievement of the objectives of labour inspection.

Articles 11 and 16. Material resources and transport facilities made available to labour inspectors for the performance of their duties. Noting the information contained in an earlier report about possible financial support in the context of international cooperation, the Committee would be grateful if the Government would provide information on any developments in this matter in recent years and on any progress made in providing the labour inspection services with material resources for their work, particularly transport facilities, so that they are able to implement workplace inspection programmes. If the Government has been unable to obtain financial support, the Committee asks it to indicate the obstacles encountered and the measures envisaged for this purpose.

Articles 20 and 21. Publication and communication to the International Labour Office of an annual report on labour inspection activities. Further to its previous comments, the Committee once again urges the Government to take the necessary steps to ensure that the central labour inspection authority publishes and sends to the ILO an annual report, in accordance with these provisions of the Convention and with section 469 of the Labour Code, and to provide information in this respect.

While aware of the financial difficulties that are preventing the strict application of the relevant provisions of the Convention, the Committee requests the Government to provide all the information and documentation that is currently available on the legislation covered by the Convention (Articles 2, 3(1)(a) and 21(a)) and on the work of the inspectorate and the results achieved (Article 21(c)–(g)), to enable the Committee to assess the situation and provide useful recommendations for the progressive application of the requirements of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Further to its previous comments, the Committee once again notes with concern that the information sent by the Government is the same as that already received in April 2005 and 2006, and that the reports on the work of the inspectorate and the local inspection offices announced time and again in the Government’s reports as being attached have still not been sent. Consequently, while noting that between 2005 and 2009 the number of labour inspectors rose from 15 to 23, the Committee is bound to draw the Government’s attention once again to the commitments it made when it ratified the Convention, and accordingly to urge it to provide the Office with up to date information on the legislative and practical measures taken or envisaged to apply the Convention, and on any difficulties encountered.

Legislation. The Committee once again asks the Government to take steps for the adoption of texts giving effect to the provisions of the Labour Code on the powers and duties of labour inspectors and controllers and for the enactment of the draft decree issuing regulations governing labour inspectors and controllers to which the Government has been referring for many years. Please report any progress made in this regard.

Article 10 of the Convention. Increasing the numbers and qualifications of the labour inspectorate. The Committee requests the Government to specify the context in which the number of labour inspectors was increased and to indicate whether measures have been taken or are envisaged for the training of the staff of the inspectorate, either to update their skills or to give them further training to enable them to perform their duties effectively. Please describe any such measures and indicate their impact in terms of the achievement of the objectives of labour inspection.

Articles 11 and 16. Material resources and transport facilities made available to labour inspectors for the performance of their duties. Noting the information contained in an earlier report about possible financial support in the context of international cooperation, the Committee would be grateful if the Government would provide information on any developments in this matter in recent years and on any progress made in providing the labour inspection services with material resources for their work, particularly transport facilities, so that they are able to implement workplace inspection programmes. If the Government has been unable to obtain financial support, the Committee asks it to indicate the obstacles encountered and the measures envisaged for this purpose.

Articles 20 and 21. Publication and communication to the International Labour Office of an annual report on labour inspection activities. Further to its previous comments, the Committee once again urges the Government to take the necessary steps to ensure that the central labour inspection authority publishes and sends to the ILO an annual report, in accordance with these provisions of the Convention and with section 469 of the Labour Code, and to provide information in this respect.

While aware of the financial difficulties that are preventing the strict application of the relevant provisions of the Convention, the Committee requests the Government to provide all the information and documentation that is currently available on the legislation covered by the Convention (Articles 2, 3(1)(a) and 21(a)) and on the work of the inspectorate and the results achieved (Article 21(c)–(g)), to enable the Committee to assess the situation and provide useful recommendations for the progressive application of the requirements of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Further to its previous comments, the Committee once again notes with concern that the information sent by the Government is the same as that already received in April 2005 and 2006, and that the reports on the work of the inspectorate and the local inspection offices announced time and again in the Government’s reports as being attached have still not been sent. Consequently, while noting that between 2005 and 2009 the number of labour inspectors rose from 15 to 23, the Committee is bound to draw the Government’s attention once again to the commitments it made when it ratified the Convention, and accordingly to urge it to provide the Office with up to date information on the legislative and practical measures taken or envisaged to apply the Convention, and on any difficulties encountered.

Legislation. The Committee once again asks the Government to take steps for the adoption of texts giving effect to the provisions of the Labour Code on the powers and duties of labour inspectors and controllers and for the enactment of the draft decree issuing regulations governing labour inspectors and controllers to which the Government has been referring for many years. Please report any progress made in this regard.

Article 10 of the Convention. Increasing the numbers and qualifications of the labour inspectorate. The Committee requests the Government to specify the context in which the number of labour inspectors was increased and to indicate whether measures have been taken or are envisaged for the training of the staff of the inspectorate, either to update their skills or to give them further training to enable them to perform their duties effectively. Please describe any such measures and indicate their impact in terms of the achievement of the objectives of labour inspection.

Articles 11 and 16. Material resources and transport facilities made available to labour inspectors for the performance of their duties. Noting the information contained in an earlier report about possible financial support in the context of international cooperation, the Committee would be grateful if the Government would provide information on any developments in this matter in recent years and on any progress made in providing the labour inspection services with material resources for their work, particularly transport facilities, so that they are able to implement workplace inspection programmes. If the Government has been unable to obtain financial support, the Committee asks it to indicate the obstacles encountered and the measures envisaged for this purpose.

Articles 20 and 21. Publication and communication to the International Labour Office of an annual report on labour inspection activities. Further to its previous comments, the Committee once again urges the Government to take the necessary steps to ensure that the central labour inspection authority publishes and sends to the ILO an annual report, in accordance with these provisions of the Convention and with section 469 of the Labour Code, and to provide information in this respect.

While aware of the financial difficulties that are preventing the strict application of the relevant provisions of the Convention, the Committee requests the Government to provide all the information and documentation that is currently available on the legislation covered by the Convention (Articles 2, 3(1)(a) and 21(a)) and on the work of the inspectorate and the results achieved (Article 21(c)–(g)), to enable the Committee to assess the situation and provide useful recommendations for the progressive application of the requirements of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Further to its previous comments, the Committee once again notes with concern that the information sent by the Government is the same as that already received in April 2005 and 2006, and that the reports on the work of the inspectorate and the local inspection offices announced time and again in the Government’s reports as being attached have still not been sent. Consequently, while noting that between 2005 and 2009 the number of labour inspectors rose from 15 to 23, the Committee is bound to draw the Government’s attention once again to the commitments it made when it ratified the Convention, and accordingly to urge it to provide the Office with up to date information on the legislative and practical measures taken or envisaged to apply the Convention, and on any difficulties encountered.

Legislation. The Committee once again asks the Government to take steps for the adoption of texts giving effect to the provisions of the Labour Code on the powers and duties of labour inspectors and controllers and for the enactment of the draft decree issuing regulations governing labour inspectors and controllers to which the Government has been referring for many years. Please report any progress made in this regard.

Article 10 of the Convention. Increasing the numbers and qualifications of the labour inspectorate. The Committee requests the Government to specify the context in which the number of labour inspectors was increased and to indicate whether measures have been taken or are envisaged for the training of the staff of the inspectorate, either to update their skills or to give them further training to enable them to perform their duties effectively. Please describe any such measures and indicate their impact in terms of the achievement of the objectives of labour inspection.

Articles 11 and 16. Material resources and transport facilities made available to labour inspectors for the performance of their duties. Noting the information contained in an earlier report about possible financial support in the context of international cooperation, the Committee would be grateful if the Government would provide information on any developments in this matter in recent years and on any progress made in providing the labour inspection services with material resources for their work, particularly transport facilities, so that they are able to implement workplace inspection programmes. If the Government has been unable to obtain financial support, the Committee asks it to indicate the obstacles encountered and the measures envisaged for this purpose.

Articles 20 and 21. Publication and communication to the International Labour Office of an annual report on labour inspection activities. Further to its previous comments, the Committee once again urges the Government to take the necessary steps to ensure that the central labour inspection authority publishes and sends to the ILO an annual report, in accordance with these provisions of the Convention and with section 469 of the Labour Code, and to provide information in this respect.

While aware of the financial difficulties that are preventing the strict application of the relevant provisions of the Convention, the Committee requests the Government to provide all the information and documentation that is currently available on the legislation covered by the Convention (Articles 2, 3(1)(a) and 21(a)) and on the work of the inspectorate and the results achieved (Article 21(c)–(g)), to enable the Committee to assess the situation and provide useful recommendations for the progressive application of the requirements of the Convention.

The Committee hopes that the Government will do its utmost to take the necessary steps in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:

The Committee notes with concern that the Government’s reports received in March and in June 2006 are identical to the one received in April 2005 and contain no reply whatsoever to the Committee’s comments in its observation of 2005. The Committee therefore urges the Government to report in as much detail as possible on each of the following points of its previous observation:

1. Legislation. Further to its previous requests, the Committee observes that the Government reports no progress in the enactment of enabling legislation for the provisions of Labour Code regarding the duties and prerogatives of labour inspectors, or the draft decree issuing the general conditions of service of labour inspectors to which the Committee has been referring for many years. It hopes that the Government will shortly be in a position to indicate that progress has been achieved in the enactment of legislation to apply the Convention (Part I of the report form).

2. Inspection staff and material resources. The Committee notes that, according to the Government, the labour inspection services comprise 15 inspectors distributed among three inspectorates and four offices. It requests the Government to state whether it deems this number sufficient for the effective discharge of labour inspection duties in the light of the criteria set in Article 10 of the Convention. The Committee also notes that the Government plans to make use of funding from international cooperation to provide labour inspectors with the material resources and transport facilities they need to carry out their duties, as required by Article 11 of the Convention. It asks the Government to describe any measures it takes in this respect with a view to ensuring, inter alia, that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

3. Publication of an annual report. The Committee recalls the importance it attaches to the publication, within a reasonable time, of an annual report by the central inspection authority, to be transmitted to the International Labour Office, in accordance with Article 20 of the Convention. It points out that section 469 of the Labour Code provides for such a report. It hopes that the Government will soon be in a position to ensure that a labour inspection report is published covering the subjects listed in Article 21 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with concern that the Government’s reports received in March and in June 2006 are identical to the one received in April 2005 and contain no reply whatsoever to the Committee’s comments in its observation of 2005. The Committee therefore urges the Government to report in as much detail as possible on each of the points of its previous observation, which read as follows:

1. Legislation. Further to its previous requests, the Committee observes that the Government reports no progress in the enactment of enabling legislation for the provisions of Labour Code regarding the duties and prerogatives of labour inspectors, or the draft decree issuing the general conditions of service of labour inspectors to which the Committee has been referring for many years. It hopes that the Government will shortly be in a position to indicate that progress has been achieved in the enactment of legislation to apply the Convention (Part I of the report form).

2. Inspection staff and material resources. The Committee notes that, according to the Government, the labour inspection services comprise 15 inspectors distributed among three inspectorates and four offices. It requests the Government to state whether it deems this number sufficient for the effective discharge of labour inspection duties in the light of the criteria set in Article 10 of the Convention. The Committee also notes with interest that the Government plans to make use of funding from international cooperation to provide labour inspectors with the material resources and transport facilities they need to carry out their duties, as required by Article 11 of the Convention. It asks the Government to describe any measures it takes in this respect with a view to ensuring, inter alia, that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

3. Publication of an annual report. The Committee recalls the importance it attaches to the publication, within a reasonable time, of an annual report by the central inspection authority, to be transmitted to the International Labour Office, in accordance with Article 20 of the Convention. It points out that section 469 of the Labour Code provides for such a report. It hopes that the Government will soon be in a position to ensure that a labour inspection report is published covering the subjects listed in Article 21 of the Convention.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the Government’s report and the useful information supplied in answer to its previous comments. It requests the Government to continue to provide information in as much detail as possible on the following points.

1. Legislation. Further to its previous requests, the Committee observes that the Government reports no progress in the enactment of enabling legislation for the provisions of Labour Code regarding the duties and prerogatives of labour inspectors, or the draft decree issuing the general conditions of service of labour inspectors to which the Committee has been referring for many years. It hopes that the Government will shortly be in a position to indicate that progress has been achieved in the enactment of legislation to apply the Convention (Part I of the report form).

2. Inspection staff and material resources. The Committee notes that, according to the Government, the labour inspection services comprise 15 inspectors distributed among three inspectorates and four offices. It requests the Government to state whether it deems this number sufficient for the effective discharge of labour inspection duties in the light of the criteria set in Article 10 of the Convention. The Committee also notes with interest that the Government plans to make use of funding from international cooperation to provide labour inspectors with the material resources and transport facilities they need to carry out their duties, as required by Article 11 of the Convention. It asks the Government to describe any measures it takes in this respect with a view to ensuring, inter alia, that workplaces are inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Article 16).

3. Publication of an annual report. The Committee recalls the importance it attaches to the publication, within a reasonable time, of an annual report by the central inspection authority, to be transmitted to the International Labour Office, in accordance with Article 20 of the Convention. It points out that section 469 of the Labour Code provides for such a report. It hopes that the Government will soon be in a position to ensure that a labour inspection report is published covering the subjects listed in Article 21 of the Convention.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Also referring to its observation, the Committee notes that the Government’s report has not been received. It must therefore repeat its previous direct request, which read as follows:

Referring also to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

1. Labour inspection and child labour. The Committee notes the information provided by the Government in its report on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), concerning the campaigns to raise awareness of child labour undertaken by the Ministry of Labour with UNICEF and other institutions with a view to discouraging clandestine employers of children and raising the awareness of parents with regard to this phenomenon. The Committee would be grateful if the Government would indicate whether and in what way labour inspectors were involved in these campaigns.

2. Safety and health committees. The Government is requested to provide a copy of Order No. 0008 of 1999 respecting the organization and operation of safety and health committees in enterprises and establishments, to which reference is made in the inter-prefectoral inspection report attached to the Government’s report, and to indicate the number and distribution of the committees established under this text.

3. Legal basis for the functions of labour inspectors. Noting among the difficulties in the application of the Convention mentioned by the Government, the absence of texts to apply the provisions of the Labour Code respecting the duties and prerogatives of labour inspectors, and that when the report was sent these texts were at the stage of preliminary drafts, the Committee hopes that the situation has changed in this respect and that the Government will be in a position to provide information in its next report indicating the development of the relevant laws and regulations. It would be grateful if the Government would provide a copy of any new text adopted in this respect, indicate any progress achieved in the application of the provisions of the Convention and specify the effect given to the draft Decree issuing the specific conditions of service of labour inspectors and supervisors submitted for examination to the Minister of the Public Service, Employment Promotion and Modernization.

4. Staff of the labour inspection services. Please provide information on the total staff of the labour inspection services on the territory and its geographical distribution.

5. Powers of injunction of labour inspectors in the event of imminent danger to the health or safety of the workers (Article 13, paragraph 2, of the Convention). The Committee notes that, according to the Government, no case of any formal notice being issued has been reported under section 224(3) of the Labour Code and that the information contained in the report of the inter-prefectoral inspection services for the northern zone appears to confirm the failure to apply this provision. For this region alone, the high number of industrial accidents in the construction and public works sector (56 out of a total of 830 workers) appears to indicate that the safety conditions are not adequate in the establishments concerned and that they should give grounds for specific inspections. The Committee emphasizes the need to provide labour inspectors with the means to carry out effective supervision, combined with real powers of injunction, to ensure the protection of workers in general, and in particular those whose occupations involve specific risks. It requests the Government to provide information in its next report on such measures and their results, including information on the functioning in practice of any safety and health committees which are operational.

6. Notification to labour inspectors of industrial accidents and cases of occupational disease (Article 14). Noting that labour inspectors are informed of industrial accidents by the National Social Security Fund, the Committee recalls, as it emphasized in its 1985 General Survey on labour inspection (paragraph 86), that "Notifying the labour inspectorate is not an end in itself but part of the more general aim of accident prevention. Its purpose is to enable the labour inspectors to conduct investigations in the undertaking to establish the causes of work accidents and occupational diseases and to have steps taken to avoid their recurrence. Although accidents in undertaking may not necessarily cause actual injury, they can provide extremely useful information on the state of the buildings, plant and equipment". The Committee has considered that the indirect notification of industrial accidents and cases of occupational disease is not incompatible with Article 14 of the Convention, provided that the time that elapses between the occurrence of the occupational risk and the moment at which the inspectorate is informed is sufficiently short to allow inspectors, if they so wish, to undertake investigations in the enterprise. The Committee trusts that the Government will take the necessary measures to ensure that the practical conditions for the notification of industrial accidents, as well as cases of occupational disease, to labour inspectors allow the labour inspectorate to play its preventive role. It requests the Government to report any progress achieved in this respect and to provide copies of any relevant text.

7. Obligation of confidentiality of labour inspectors (Article 15(b)). The Committee notes the Government’s commitment to take measures to introduce into the legislation a provision prohibiting labour inspectors from revealing "even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties". It would be grateful if the Government would provide information on the measures taken in this respect.

8. Periodical reports and annual inspection reports (Articles 19, 20 and 21). The Committee notes that the only inspection report provided is the one concerning the northern zone. For the higher inspection authority to exercise control over the activities of the inspection services placed under its authority, it is necessary for it to be regularly informed of their activities. This information must be provided to it through periodical reports, the form and contents of which are set out in Article 19. The central authority is also itself under the obligation, in accordance with Article 20, to publish within the prescribed time limits a general report on the work of the inspection services covering, among other matters, the subjects set out in Article 21(a) to (g), and to transmit a copy to the ILO. With reference to paragraphs 273 et seq. of the above General Survey, regarding the dual value at the national and international levels of such a report, the Committee trusts that the Government will take the necessary measures in the near future to give effect to Articles 19, 20 and 21 of the Convention.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report for the period ending September 2000, and the report on the activities of the inter-prefectoral labour inspectorate for the northern zone for the period December 1998-November 1999. It notes that the Government’s report due for the Committee’s present session has not been received.

Material resources of the labour inspectorate and effectiveness of its activities (Articles 11 and 16 of the Convention). The Committee notes that, due to the absence of adequate material resources for its work, the inspection services are unable to discharge their duties. According to the information contained in the report on the activities of the inter-prefectoral inspectorate referred to above, which covers eight prefectures, there is only one service vehicle, in a poor condition, for all inspectors. As a result, no inspection could be made outside N’Djamena. The Committee had already noted in its 1985 General Survey on labour inspection the hope expressed by the National Union of Workers of Chad that, with international assistance, a solution could be found to the material difficulties preventing the operation of the inspectorate, and particularly the lack of transport facilities and equipment. In previous reports, the Government announced that efforts would be made to improve the situation. The Committee hopes that the Government has indeed taken the appropriate measures to seek and obtain in the context of international cooperation the funding necessary for the renewal of inspection activities and that it will provide information in its next report on developments in the situation.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

It is addressing directly to the Government a request concerning certain points.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Referring also to its observation, the Committee would be grateful if the Government would provide additional information on the following points.

1. Labour inspection and child labour. The Committee notes the information provided by the Government in its report on the application of the Minimum Age (Non-Industrial Employment) Convention, 1932 (No. 33), concerning the campaigns to raise awareness of child labour undertaken by the Ministry of Labour with UNICEF and other institutions with a view to discouraging clandestine employers of children and raising the awareness of parents with regard to this phenomenon. The Committee would be grateful if the Government would indicate whether and in what way labour inspectors were involved in these campaigns.

2. Safety and health committees. The Government is requested to provide a copy of Order No. 0008 of 1999 respecting the organization and operation of safety and health committees in enterprises and establishments, to which reference is made in the inter-prefectoral inspection report attached to the Government’s report, and to indicate the number and distribution of the committees established under this text.

3. Legal basis for the functions of labour inspectors. Noting among the difficulties in the application of the Convention mentioned by the Government, the absence of texts to apply the provisions of the Labour Code respecting the duties and prerogatives of labour inspectors, and that when the report was sent these texts were at the stage of preliminary drafts, the Committee hopes that the situation has changed in this respect and that the Government will be in a position to provide information in its next report indicating the development of the relevant laws and regulations. It would be grateful if the Government would provide a copy of any new text adopted in this respect, indicate any progress achieved in the application of the provisions of the Convention and specify the effect given to the draft Decree issuing the specific conditions of service of labour inspectors and supervisors submitted for examination to the Minister of the Public Service, Employment Promotion and Modernization.

4. Staff of the labour inspection services. Please provide information on the total staff of the labour inspection services on the territory and its geographical distribution.

5. Powers of injunction of labour inspectors in the event of imminent danger to the health or safety of the workers (Article 13, paragraph 2, of the Convention). The Committee notes that, according to the Government, no case of any formal notice being issued has been reported under section 224(3) of the Labour Code and that the information contained in the report of the inter-prefectoral inspection services for the northern zone appears to confirm the failure to apply this provision. For this region alone, the high number of industrial accidents in the construction and public works sector (56 out of a total of 830 workers) appears to indicate that the safety conditions are not adequate in the establishments concerned and that they should give grounds for specific inspections. The Committee emphasizes the need to provide labour inspectors with the means to carry out effective supervision, combined with real powers of injunction, to ensure the protection of workers in general, and in particular those whose occupations involve specific risks. It requests the Government to provide information in its next report on such measures and their results, including information on the functioning in practice of any safety and health committees which are operational.

6. Notification to labour inspectors of industrial accidents and cases of occupational disease (Article 14). Noting that labour inspectors are informed of industrial accidents by the National Social Security Fund, the Committee recalls, as it emphasized in its 1985 General Survey on labour inspection (paragraph 86), that "Notifying the labour inspectorate is not an end in itself but part of the more general aim of accident prevention. Its purpose is to enable the labour inspectors to conduct investigations in the undertaking to establish the causes of work accidents and occupational diseases and to have steps taken to avoid their recurrence. Although accidents in undertaking may not necessarily cause actual injury, they can provide extremely useful information on the state of the buildings, plant and equipment". The Committee has considered that the indirect notification of industrial accidents and cases of occupational disease is not incompatible with Article 14 of the Convention, provided that the time that elapses between the occurrence of the occupational risk and the moment at which the inspectorate is informed is sufficiently short to allow inspectors, if they so wish, to undertake investigations in the enterprise. The Committee trusts that the Government will take the necessary measures to ensure that the practical conditions for the notification of industrial accidents, as well as cases of occupational disease, to labour inspectors allow the labour inspectorate to play its preventive role. It requests the Government to report any progress achieved in this respect and to provide copies of any relevant text.

7. Obligation of confidentiality of labour inspectors (Article 15(b)). The Committee notes the Government’s commitment to take measures to introduce into the legislation a provision prohibiting labour inspectors from revealing "even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties". It would be grateful if the Government would provide information on the measures taken in this respect.

8. Periodical reports and annual inspection reports (Articles 19, 20 and 21). The Committee notes that the only inspection report provided is the one concerning the northern zone. For the higher inspection authority to exercise control over the activities of the inspection services placed under its authority, it is necessary for it to be regularly informed of their activities. This information must be provided to it through periodical reports, the form and contents of which are set out in Article 19. The central authority is also itself under the obligation, in accordance with Article 20, to publish within the prescribed time limits a general report on the work of the inspection services covering, among other matters, the subjects set out in Article 21(a) to (g), and to transmit a copy to the ILO. With reference to paragraphs 273 et seq. of the above General Survey, regarding the dual value at the national and international levels of such a report, the Committee trusts that the Government will take the necessary measures in the near future to give effect to Articles 19, 20 and 21 of the Convention.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s report for the period ending September 2000, and the report on the activities of the inter-prefectoral labour inspectorate for the northern zone for the period December 1998-November 1999. It notes that the Government’s report due for the Committee’s present session has not been received.

Material resources of the labour inspectorate and effectiveness of its activities (Articles 11 and 16 of the Convention). The Committee notes that, due to the absence of adequate material resources for its work, the inspection services are unable to discharge their duties. According to the information contained in the report on the activities of the inter-prefectoral inspectorate referred to above, which covers eight prefectures, there is only one service vehicle, in a poor condition, for all inspectors. As a result, no inspection could be made outside N’Djamena. The Committee had already noted in its 1985 General Survey on labour inspection the hope expressed by the National Union of Workers of Chad that, with international assistance, a solution could be found to the material difficulties preventing the operation of the inspectorate, and particularly the lack of transport facilities and equipment. In previous reports, the Government announced that efforts would be made to improve the situation. The Committee hopes that the Government has indeed taken the appropriate measures to seek and obtain in the context of international cooperation the funding necessary for the renewal of inspection activities and that it will provide information in its next report on developments in the situation.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be submitted for examination by the Committee at its next session and that it will contain full information on the points raised in its previous direct request which read as follows:

1. The Committee notes sections 469 to 505 of the 1996 Labour Code which set forth the functions and prerogatives of the labour inspectorate as well as sections 224 and 238 which lay down its functions in regard to occupational health and safety. The Committee notes, however, that the occupational health and safety conditions (sections 224), the health and safety committee (section 232), occupational health services (section 243), labour administration (section 470) and the status of labour inspectors and supervisors (section 471) are fixed by decree. The Committee requests the Government to send with its next report the texts or draft texts of these decrees.

2. The Committee notes that whereas section 224(3) of the 1996 Labour Code provides that measures with immediate executory force may be taken by the labour inspectorate in the event of imminent danger, section 236(3) qualifies this danger not only as imminent, as provided in Article 13, paragraph 2(a), of the Convention, but also as serious. The Committee requests the Government to supply information on the application in practice of the provisions of section 224(3) of the Labour Code.

3. Article 3, paragraph 2. The Committee notes that section 476(2) authorizes the intervention of the labour inspector in cases not specifically prescribed by the law to conciliate the viewpoints of employers and workers for the purpose of preventing conflicts or facilitating their settlement and that subparagraph 3 of the same Article also provides that the labour inspector may act to reconcile individual and collective disputes submitted to him. The Committee hopes that the Government will supply information on the measures taken or envisaged to avoid these functions interfering with the discharge of their primary duties of inspection.

4. Article 6. The Committee notes that section 471 provides that the labour inspectorate is composed of labour inspectors and supervisors whose special status is fixed by decree. Noting that, according to the Government's previous report, a draft status was under study, the Committee requests the Government to supply information on the progress made with a view to adopting this status.

5. Article 14. The Committee notes that the labour inspectorate may be informed of industrial accidents and occupational diseases in two ways: first by the authorization of dismissal which, for a worker who suffers from an industrial accident or occupational disease, may be delivered only with the prior permission of the labour inspector (section 122); secondly, through the medical service of the enterprise of which the inspector checks the registers (section 243) and the health and safety committee which receives an anonymous copy of all declarations of industrial accidents and occupational diseases sent to the National Social Security Fund (section 233). The Committee requests the Government to indicate in its next report the measures taken or envisaged to allow the labour inspection services to be informed of industrial accidents and cases of occupational diseases, in accordance with the requirements of the Convention.

6. Article 15(b). The Committee notes that, whereas section 489 provides that labour inspectors and supervisors may not have any direct or indirect interest in the undertakings under their supervision, as provided by Article 15(a) of the Convention, no provision of the Code mentions their obligation not to reveal, even after leaving the service, any manufacturing or commercial secrets or working processes. The Committee requests the Government to indicate the measures taken or envisaged for the application of this provision of the Convention.

7. Articles 20 and 21. The Committee once again expresses the hope that the Government will supply copies of recent inspection reports on the subjects listed in Article 21 of the Convention, and within the time limits laid down in Article 20.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It is therefore obliged to renew its previous observation on the following points.

Articles 11 and 16 of the Convention. The Committee had noted the provisions of the Labour Code promulgated on 11 December 1996 (Act No. 38/PR/96) regarding the availability of suitable premises and reimbursement of transport costs in the absence of public transport (section 478). The Committee noted, however, that in practice there was a lack of functional premises and means of transport (vehicles and mopeds). In this regard, it noted the observations of the Trade Union Confederation of Chad (CST) which once again emphasized the lack of resources and scant interest granted to inspection. According to the CST, contrary to other administrations in the country, which have operating resources and means of transport, labour inspectors and labour supervisors do not have even the most elementary resources for carrying out inspection and supervisory visits. Noting that the Government had indicated in its reply that efforts to improve the situation of the labour inspection were continuing, the Committee again requests it to indicate the measures taken or envisaged to supply the labour inspection with sufficient means to enable it to undertake visits to enterprises, as often as is necessary, and to ensure the effective application of the relevant legal provisions in respect of the working conditions and protection of workers.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference also to its observation under the Convention, the Committee requests the Government to supply information on the following points.

1. The Committee notes sections 469 to 505 of the 1996 Labour Code which set forth the functions and prerogatives of the labour inspectorate as well as sections 224 to 238 which lay down its functions in regard to occupational health and safety. The Committee notes however that the occupational health and safety conditions (section 224), the health and safety committee (section 232), occupational health services (section 243), labour administration (section 470) and the status of labour inspectors and supervisors (section 471) are fixed by decree. The Committee requests the Government to send with its next report the texts or draft texts of these decrees.

2. The Committee notes that whereas section 224(3) of the 1996 Labour Code provides that measures with immediate executory force may be taken by the labour inspectorate in the event of imminent danger, section 236(3), qualifies this danger not only as imminent, as provided in Article 13, paragraph 2(a), of the Convention, but also as serious. The Committee requests the Government to supply information on the application in practice of the provisions of section 224(3) and 236(3) of the Labour Code.

3. Article 3, paragraph 2. The Committee notes that section 476(2) authorizes the intervention of the labour inspector in cases not specifically prescribed by the law to conciliate the view points of employers and workers for the purpose of preventing conflicts or facilitating their settlement and that subparagraph 3 of the same article also provides that the labour inspector may act to reconcile individual and collective disputes submitted to him. The Committee hopes that the Government will supply information on the measures taken or envisaged to avoid these functions interfering with the discharge of their primary duties of inspection.

4. Article 6. The Committee notes that section 471 provides that the labour inspectorate is composed of labour inspectors and supervisors whose special status is fixed by decree. Noting that, according to the Government's previous report, a draft status was under study, the Committee requests the Government to supply information on the progress made with a view to adopting this status.

5. Article 14. The Committee notes that the labour inspectorate may be informed of industrial accidents and occupational diseases in two ways: first by the authorization of dismissal which, for a worker who suffers from an industrial accident or occupational disease, may be delivered only with the prior permission of the labour inspector (section 122); secondly, through the medical service of the enterprise of which the inspector checks the registers (section 243) and the health and safety committee which receives an anonymous copy of all declarations of industrial accidents and occupational diseases sent to the National Social Security Fund (section 233). The Committee requests the Government to indicate in its next report the measures taken or envisaged to allow the labour inspection services to be informed of industrial accidents and cases of occupational diseases, in accordance with the requirements of the Convention.

6. Article 15(b). The Committee notes that, whereas section 489 provides that labour inspectors and supervisors may not have any direct or indirect interest in the undertakings under their supervision, as provided by Article 15(a) of the Convention, no provision of the Code mentions their obligation not to reveal, even after leaving the service, any manufacturing or commercial secrets or working processes. The Committee requests the Government to indicate the measures taken or envisaged for the application of this provision of the Convention.

7. Articles 20 and 21. The Committee once again expresses the hope that the Government will supply copies of recent inspection reports on the subjects listed in Article 21 of the Convention, and within the time-limits laid down in Article 20.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

With reference to its previous comments, the Committee notes with interest the content of the new Labour Code promulgated on 11 December 1996 (Act No. 38/PR/96). The Committee also notes the information supplied by the Government in its report for the period 1993-94, received in 1996, and the observations made in 1997 by the Trade Union Confederation of Chad (CST) as well as the Government's reply to these observations.

1. Articles 12 and 13, paragraph 2(a), of the Convention. The Committee notes with satisfaction that section 479(2) of the 1996 Labour Code provides that inspectors shall notify the employer of their presence, unless they consider that such a notification may be prejudicial to the performance of their duties. The Committee also notes with interest that under section 224(3), the labour inspector or occupational health inspector may make orders to be given immediate effect, in the event of imminent danger to the health or safety of the workers.

2. Article 10. The Committee notes the Government's information on the efforts made to satisfy the requirements of this Article of the Convention, particularly in relation to the number of assistant labour inspectors appointed or undergoing training as well as the number of labour inspectorate staff. The Committee requests the Government to continue to supply information on any progress made in this regard.

3. Articles 11 and 16. The Committee notes the provisions of the Labour Code relating to the availability of suitable premises and reimbursement of transport costs in the absence of public transport (section 478). The Committee notes, however, that in practice there is a lack of functional premises and means of transport (vehicles and mopeds). In this regard, the Committee notes the observations of the Trade Union Confederation of Chad which emphasizes once again the lack of resources and scant interest granted to inspection. According to the CST, contrary to other administrations in the country which have operating resources and means of transport, labour inspectors and labour supervisors do not have even the most elementary resources for carrying out inspection and supervisory visits. The Committee notes that the Government indicates in its reply that endeavours are being made to improve the situation of the labour inspectorate. The Committee requests the Government to indicate the measures taken or envisaged to provide the labour inspectorate with adequate resources to enable it to carry out visits to enterprises, as often as necessary, and to ensure the effective application of the legal provisions related to working conditions and the protection of workers.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the Government's report in which it states that the serious economic crisis experienced by the country does not allow it to respond to the needs of labour inspection. The Committee notes that the draft Labour and Social Insurance Code could be submitted to Parliament once again in 1995. Moreover, the Committee notes a communication dated 30 October 1995 from the Trade Union Confederation of Chad (CST), in which it emphasizes, among other matters, that the Government accords little importance to labour inspection in comparison with the other state services, which are provided in each financial year with adequate material resources for their operation. The CST alleges that the Government has never sought to resolve the problems related to the allocation of material resources, particularly as regards the lack of means of transport and qualified staff, which prevents the labour inspection services from being in a position to discharge their duties. The Committee hopes that the Government will take all the necessary measures to furnish labour inspectors with the indispensable material resources and staff so that workplaces can be inspected as often and as thoroughly as is necessary to ensure the effective application of the relevant legal provisions (Articles 10, 11 and 16 of the Convention), and that it will also provide information on the measures that have been taken or are envisaged in relation to the observations made by the CST.

Articles 12, paragraph 2, and 13, paragraph 2(d). With reference to its previous comments, the Committee once again expresses the hope that the Government will take the necessary measures to ensure that the above draft Labour and Social Insurance Code is adopted with amendments to bring it into conformity with these provisions of the Convention.

Articles 20 and 21. The Committee notes that no inspection report has been transmitted to the Office. It is bound once again to express the hope that the Government will take the necessary action to provide the Office with a copy of the most recent inspection reports, covering all the matters enumerated in Article 21 within the time-limits set out in Article 20.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation, which read as follows:

Articles 10, 11 and 16 of the Convention. The Committee notes that shortages of material means and qualified staff persist in hampering the application of these Articles of the Convention and that there has been no resolution of the difficulties commented upon by the Committee for several years. The Committee recalls the requirements as to an adequate number of inspectors with all necessary facilities (especially transport). It asks the Government to indicate in its next report any measures whatsoever taken to make the most out of the resources available, if not to increase resources. Article 12, paragraph 2, and Article 13, paragraph 2(b). Since 1968 the Committee has been drawing the Government's attention to the need to empower inspectors, on the one hand, to decide whether or not they should notify the employer of their presence at the workplace and, on the other, to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In 1990, the Committee noted that a committee had been established to revise the Labour and Social Welfare Code with a view to bringing national legislation into conformity with the Convention, and that the Code had been revised with the assistance of the ILO. The Committee now notes that the revised Code has not yet been adopted, although it is being given priority. It also notes the indication in the Government's most recent report, repeating information provided in 1971, that labour inspectors may make orders with immediate executory force. Since 1972, the Committee has observed that section 202 of the Labour and Social Welfare Code, as applied, empowers the labour inspector to give an employer no less than two days to remedy a situation, even when it is dangerous to the health or safety of the workers in cases of extreme urgency, and that this is not sufficient to deal with imminent dangers, such as a risk of a fall of earth, asphyxia or explosion, which may materialize before the minimum time-limit of two days has expired. The Committee is bound, once again, to express the hope that the Government will soon be able to report that the necessary changes to legislation have been made. It would in the meantime be grateful if the Government would provide information on the manner in which the existing provisions are applied in practice. Articles 20 and 21. In reply to the Committee's earlier comments the Government states that the annual reports on inspection are being completed. The Committee hopes that the Government will ensure that, in future, annual inspection reports are drawn up containing information on all the subjects listed under Article 21. It trusts that these reports will be published and communicated to the ILO within the period fixed in Article 20.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Articles 10, 11 and 16 of the Convention. The Committee notes that shortages of material means and qualified staff persist in hampering the application of these Articles of the Convention and that there has been no resolution of the difficulties commented upon by the Committee for several years. The Committee recalls the requirements as to an adequate number of inspectors with all necessary facilities (especially transport). It asks the Government to indicate in its next report any measures whatsoever taken to make the most out of the resources available, if not to increase resources. Article 12, paragraph 2, and Article 13, paragraph 2(b). Since 1968 the Committee has been drawing the Government's attention to the need to empower inspectors, on the one hand, to decide whether or not they should notify the employer of their presence at the workplace and, on the other, to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In 1990, the Committee noted that a committee had been established to revise the Labour and Social Welfare Code with a view to bringing national legislation into conformity with the Convention, and that the Code had been revised with the assistance of the ILO. The Committee now notes that the revised Code has not yet been adopted, although it is being given priority. It also notes the indication in the Government's most recent report, repeating information provided in 1971, that labour inspectors may make orders with immediate executory force. Since 1972, the Committee has observed that section 202 of the Labour and Social Welfare Code, as applied, empowers the labour inspector to give an employer no less than two days to remedy a situation, even when it is dangerous to the health or safety of the workers in cases of extreme urgency, and that this is not sufficient to deal with imminent dangers, such as a risk of a fall of earth, asphyxia or explosion, which may materialise before the minimum time-limit of two days has expired. The Committee is bound, once again, to express the hope that the Government will soon be able to report that the necessary changes to legislation have been made. It would in the meantime be grateful if the Government would provide information on the manner in which the existing provisions are applied in practice. Articles 20 and 21. In reply to the Committee's earlier comments the Government states that the annual reports on inspection are being completed. The Committee hopes that the Government will ensure that, in future, annual inspection reports are drawn up containing information on all the subjects listed under Article 21. It trusts that these reports will be published and communicated to the ILO within the period fixed in Article 20.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 10, 11 and 16 of the Convention. The Committee notes that shortages of material means and qualified staff persist in hampering the application of these Articles of the Convention and that there has been no resolution of the difficulties commented upon by the Committee for several years. The Committee recalls the requirements as to an adequate number of inspectors with all necessary facilities (especially transport). It asks the Government to indicate in its next report any measures whatsoever taken to make the most out of the resources available, if not to increase resources.

Article 12, paragraph 2, and Article 13, paragraph 2(b). Since 1968 the Committee has been drawing the Government's attention to the need to empower inspectors, on the one hand, to decide whether or not they should notify the employer of their presence at the workplace and, on the other, to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In 1990, the Committee noted that a committee had been established to revise the Labour and Social Welfare Code with a view to bringing national legislation into conformity with the Convention, and that the Code had been revised with the assistance of the ILO. The Committee now notes that the revised Code has not yet been adopted, although it is being given priority. It also notes the indication in the Government's most recent report, repeating information provided in 1971, that labour inspectors may make orders with immediate executory force. Since 1972, the Committee has observed that section 202 of the Labour and Social Welfare Code, as applied, empowers the labour inspector to give an employer no less than two days to remedy a situation, even when it is dangerous to the health or safety of the workers in cases of extreme urgency, and that this is not sufficient to deal with imminent dangers, such as a risk of a fall of earth, asphyxia or explosion, which may materialise before the minimum time-limit of two days has expired. The Committee is bound, once again, to express the hope that the Government will soon be able to report that the necessary changes to legislation have been made. It would in the meantime be grateful if the Government would provide information on the manner in which the existing provisions are applied in practice.

Articles 20 and 21. In reply to the Committee's earlier comments the Government states that the annual reports on inspection are being completed. The Committee hopes that the Government will ensure that, in future, annual inspection reports are drawn up containing information on all the subjects listed under Article 21. It trusts that these reports will be published and communicated to the ILO within the period fixed in Article 20.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Articles 10, 11 and 16 of the Convention. With reference to its previous comments, the Committee notes from the information supplied by the Government that, despite a number of recent improvements in the application of these Articles of the Convention, the problem of material means and qualified staff has not been solved. It trusts that the Government will do its utmost to increase labour inspectorate staff and provide them with the necessary material means (suitably equipped offices and necessary transport facilities) so that all the duties conferred on inspectors, and in particular visits of inspection to workplaces, may be discharged under better conditions.

Article 12, paragraph 2, and Article 13, paragraph 2(b). For many years, the Committee has been drawing the Government's attention to the need to empower inspectors, on the one hand to decide whether or not they should notify the employer of their presence at the workplace and, on the other, to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. In its report, the Government indicates that a committee has been established to revise the Labour and Social Welfare Code with a view to bringing national legislation into conformity with these Articles of the Convention. In this connection, the Committee recalls that in its 1987 report, the Government stated that the Code had already been revised with the assistance of the ILO and would shortly be adopted. In view of this fact, the Committee can only urge the Government once again to ensure that the necessary measures are taken to secure compliance with the Convention on the above points without delay.

Articles 20 and 21. The Committee reiterates the hope that the Government will be in a position to ensure that, in future, annual inspection reports are drawn up containing information on all the subjects listed under Article 21. It trusts that these reports which are essential at both national and international levels to an assessment of the practical results of the activities of the inspection services, will be published and communicated to the ILO within the period fixed in Article 20.